HomeMy WebLinkAbout20203091.tiffPlanner:
Case No:
Applicant:
LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
COZ20-0006
Briggsdale Gas and Go, Inc, and LaSalle Rental Property One, LLC
c/o Angie Holloway , 44364 County Road 77, Briggsdale, Colorado 80611
Hearing Date: October 6, 2020
Representative: Sheri Lockman, Lockman Land Consulting, LLC
36509 County Road 41, Eaton, Colorado 80615
Request:
Legal
Description:
Location:
Acres:
Change of Zone from the A (Agricultural) and C-3 (Business Commercial) Zone
District to the C-3 (Business Commercial) Zone District
Lot A of Recorded Exemption 1AMRECX20-05-1521, being a part of the
SW4SE4 and Lot A of Recorded Exemption 1AMRECX20-08-4730, being a
part of the SW4 of Section 21, T8N, R62W of the 6'" P.M., Weld County, CO
North of and adjacent to Colorado Highway 14, Approximately 0.5 miles east of
County Road 77
+/- 14 acres Parcel #. 0545-21-4-00-030
0545-21-0-00-007
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' Staff has received responses with comments from the following
agencies:
Weld County Zoning Compliance, referral dated August 18, 2020
➢ Weld County Department of Public Works, referral dated August 13, 2020
➢ Weld County Department of Public Health and Environment, referral dated August 31, 2020
➢ Colorado Department of Transportation, referral dated September 12, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Briggsdale Water Company
➢ West Greeley Conservation District
CDZ20-0006
Page 1 of 7
Planner:
Case No:
Applicant:
Representative:
Request:
Legal
Description:
Location:
Acres:
ADMINISTRATIVE RECOMMENDATION
CHANGE OF ZONE
Kim Ogle
COZ20-0006
Briggsdale Gas and Go, Inc, and LaSalle Rental Property One, LLC
c/o Angie Holloway, 44364 County Road 77, Briggsdale, Colorado 80611
Hearing Date: October 6, 2020
Sheri Lockman, Lockman Land Consulting, LLC
36509 County Road 41, Eaton, Colorado 80615
Change of Zone from the A (Agricultural) and C-3 (Business Commercial) Zone
District to the C-3 (Business Commercial) Zone District
Lot A of Recorded Exemption 1AMRECX20-05-1521, being a part of the SW4SE4
and Lot A of Recorded Exemption 1AMRECX20-08-4730, being a part of the SW4 of
Section 21, T8N, R62W of the 6th P.M., Weld County, CO
North of and adjacent to Colorado Highway 14, Approximately 0.5 miles east of
County Road 77
+/- 14 acres
Parcel #: 0545-21-4-00-030
0545-21-4-00-007
Narrative:
Two parcels associated with the two (2) Recorded Exemption applications identified in the Legal
description are party to this Change of Zone Application. Lot A of RE -1521 created August 5, 1993 in
Book 1395 as Reception No. 2344808 created a 1.6 -acre parcel and conditionally approved Lot A,
1AMRECX20-05-1521 seeks to add approximately 12.5 acres to the area for a total of fourteen (14)
acres. Change of Zone Z-492 approved and recorded in 1995 as Reception No. 2435209 rezoned the
property from A (Agricultural) to C-3 (Business Commercial). The applicant and property owner seeks
through this proposed Change of Zone to expand the commercial component on the parcel.
An active Zoning Violation (ZCV19-00301) was noted on one parcel this Change of Zone will encompass.
This violation was initiated due to the presence of Commercial Storage of mobile homes on site without
first obtaining the required land use permits. In addition, after initiation of the violation the Weld County
Planning Department discovered there were three dwelling units on site. This case has not been
forwarded to the County Attorney's Office.
Approval of this application will correct a portion of the violation as it will allow the applicant and property
owner to permit one of the existing single family dwelling units and submit an amended Site Plan Review
1AMSPR20-12-0007 application for the expansion of the commercial component located on this fourteen
(14) acre parcel. The single family dwelling will be used as living quarters for the proprietor, employees,
caretakers or security personnel responsible for operating, maintaining or guarding the property as an
accessory use to the commercial retail convenience store and fuel depot and station.
coz20-0006
Page 2 of 7
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of the
Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows:
A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County.
Section 22-2-20.H - A.Goal 8. States "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for
more intensive development."
The property is adjacent to Colorado Highway 14 and County Road 77 an arterial status road
and near the townsite of Briggsdale. The property obtained a change of zone to C-3 (Business
Commercial) in 1995. Historic use included a farm supply business permitted under USR-656,
with current uses include the Briggsdale Gas & Go convenience store, fuel station and oil and
propane sales. Water service is obtained from Briggsdale Water Company.
B. Section 23-2-30.A.2. - The uses which would be allowed on the subject property by granting the
change of zone will be compatible with the surrounding land uses.
The Department of Planning Services sent out four (4) notices to surrounding property owners
and have received no letters in opposition to the change of zone request.
The property is not within the Airport Overlay District. The proposed Change of Zone does not
obstruct the airspace, or is otherwise hazardous to, the flight of aircraft in landing or taking off at
the airport.
There are six (2) residences within one-half mile of the immediate area, one immediately to the
north, five (5) located to the west, east of County Road 77. Briggsdale Townsite is approximately
0.5 miles to the south of Colorado Highway 14.
C. Section 23-2-30.A.3. - Adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district.
Briggsdale Water Company will be the water provider for the property. An on -site wastewater
treatment systems (OWTS) will provide sewer services are proposed for development of the
property.
D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are adequate
in size to meet the requirements of the proposed zone districts.
The Colorado Department of Transportation has jurisdiction over all accesses to State Highways.
This agency returned a referral response dated September 12, 2020 indicating that an upgrade to
the current access permit was not warranted for this application.
E. Section 23-2-30.A.5. - In those instances where the following characteristics are applicable to the
rezoning request, the applicant has demonstrated compliance with the applicable standards:
1) Section 23-2-30.A.5.a. - According to the "Geologic Hazard Area Map of Potential
Ground Subsidence Areas in Weld County, Colorado", dated May 10, 1978, the site is
not in a geologic hazard area.
Coz20-0006
Page 3 of 7
According to the According to the Federal Emergency Management Agency Flood
Insurance Rate Map (FIRM) Maps the property is unmapped and the change of zone
area does not lie within a flood zone area.
2) Section 23-2-30.A.5.b. The Weld County Sand, Gravel Resources map, based on information
obtained from Colorado Geological Survey Special Publication 5-A, 1974 defines the
Landform Units as unevaluated. Given the size of the parcel and the current infrastructure on
the property, the economic viability of a mineral extraction appears to be non -viable.
3) Section 23-2-30.A.5.c. - Research conducted by the applicant based on Natural Resources
Conservation Service soil reports indicate that the fine sandy loam soils have limitations
for septic tank absorption fields due to slow water movement. There are no limitations
for small commercial buildings and residential construction. All permanent structures
planned on the site in the future will submit an engineered design for the structure to
ensure that its foundation is appropriate for the soils found where it is constructed.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Change of Zone from the A (Agricultural) and C-3 (Business Commercial) Zone Districts to the C-3
(Business Commercial) Zone District is conditional upon the following:
1. Prior to recording the plat:
A. All commercial vehicles located on the property must be operational with current license plates or
be removed from the property. All other items considered to be part of a noncommercial junkyard
must also be removed from the property, including all Pre -HUD mobile homes and debris.
B. The applicant and property owner shall submit for recording plat no. 1AMRECX20-05-1521
C. The applicant and property owner shall submit for recording plat no. 1AMRECX20-08-4730
D. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ20-0006. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50.C and D. of the Weld County Code. (Department of
Planning Services)
3. All recorded easements and rights -of -way shall be shown and dimensioned on the Change of
Zone plat. (Department of Planning Services)
4. Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along with
the documents creating the right-of-way. (Department of Public Works)
5. Show the approved Colorado Department of Transportation (CDOT) access point(s) on the
plat and label with the approved access permit number, if applicable. (Department of Public
Works)
E. The following notes shall be delineated on the Change of Zone plat:
1. Change of Zone, COZ20-0006, allows for C-3 (Business Commercial) Zone District uses
which shall comply with the requirements as set forth in Chapter 23, Article III, Division 3 of
the Weld County Code. (Department of Planning Services)
coz20-0006
Page 4 of 7
2. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Planning Services)
3. Any future structures or uses on site must obtain approval through a Site Plan Review.
(Department of Planning Services)
4. Water service may be obtained from the Briggsdale Water Company.
5. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal
may be by septic systems designed in accordance with the regulations of the Colorado
Department of Public Health and Environment, Water Quality Control Division and the Weld
County Code in effect at the time of construction, repair, replacement, or modification of the
system. (Department of Public Health and Environment)
6. Activity or use on the surface of the ground over any part of the OWTS must be restricted to
that which shall allow the system to function as designed and which shall not contribute to
compaction of the soil or to structural loading detrimental to the structural integrity or
capability of the component to function as designed. (Department of Public Health and
Environment)
7. During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request of
Weld County Environmental Health Services, a fugitive dust control plan must be submitted.
(Department of Public Health and Environment)
8. If land development exceeds 6 months in duration, the responsible party shall prepare a
fugitive dust control plan, submit an air pollution emissions notice application, and apply for a
permit from the Colorado Department of Public Health and Environment. (Department of
Public Health and Environment)
9. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public
Works)
10. Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Planning Services)
11. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
12. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently,
the following have been adopted by Weld County: 2018 International Codes, 2006
International Energy Code, and 2017 National Electrical Code. A Building Permit Application
must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted for review. A Geotechnical
Engineering Report, performed by a Colorado registered engineer, shall be required or an
Open Hole Inspection. (Department of Planning Services)
13. Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage
Impact Fee Programs. (Department of Planning Services)
14. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
CDZ20-0006
Page 5 of 7
Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations. (Department of Planning Services)
15. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the
most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural
gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources
because (a) the state's commercial mineral deposits are essential to the state's economy; (b)
the populous counties of the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated to avoid waste of such
deposits and cause the least practicable disruption of the ecology and quality of life of the
citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into
these areas must recognize the various impacts associated with this development. Often
times, mineral resource sites are fixed to their geographical and geophysical locations.
Moreover, these resources are protected property rights and mineral owners should be
afforded the opportunity to extract the mineral resource.
16. RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well -
run agricultural activities will generate off -site impacts, including noise from tractors and
equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work,
harvest and gravel roads; odor from animal confinement, silage and manure; smoke from
ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal
hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the
use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations.
A concentration of miscellaneous agricultural materials often produces a visual disparity
between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an
agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of
residential development. When moving to the County, property owners and residents must
realize they cannot take water from irrigation ditches, lakes, or other structures, unless they
have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred
(3,700) miles of state and County roads outside of municipalities. The sheer magnitude of
the area to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the County, and the distances which must
be traveled may delay all emergency responses, including law enforcement, ambulance, and
coz20-0006
Page 6 of 7
fire. Fire protection is usually provided by volunteers who must leave their jobs and families
to respond to emergencies. County gravel roads, no matter how often they are bladed, will
not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for
pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial
farm dogs and livestock, and open burning present real threats. Controlling children's
activities is important, not only for their safety, but also for the protection of the farmer's
livelihood.
3. Upon completion of Conditions of Approval 1. above, the applicant shall submit one (1) electronic
copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-50.C. and D. of the Weld
County Code. The Mylar plat and additional requirements shall be submitted within one -hundred -
twenty (120) days from the date of the Board of County Commissioners resolution. The applicant
shall be responsible for paying the recording fee.
4. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
Change of Zone plat not be recorded within the required one hundred twenty (120) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge
shall be added for each additional three (3) month period.
Coz20-0006
Page 7 of 7
August 12, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
Lockman Sheri
36509 CR 41
Eaton, CO 80615
Subject: COZ20-0006 - CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT
On parcel(s) of land described as:
LOT A REC EXEMPT RE -4730, PART SW4 SECTION 21, T8N, R62W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOT A 1AMRECX 20-05-1521 BEING PART OF THE SW4, SECTION 21, T8N, R62W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 6, 2020, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 21, 2020
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance
to answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
https://accela-aca.co.weld.co.us/CitizenAccess
If you have any questions concerning this matter, please call.
Respectfully,
Planner
Site Inspection
Inspection Date: September 13, 2020
Briggsdale Gas and Go, Inc, and LaSalle Rental Property One, LLC
do Angie Holloway , 44364 County Road 77, Briggsdale, Colorado 80611
North of and adjacent to Colorado Highway 14, Approximately 0.5 miles east of County Road 77
Zoning
Land Use
N
A (Agricultural)
N
Agricultural with residence
E
A (Agricultural)
E
Agricultural
S
A (Agricultural)
S
Townsite
of Briggsdale Agricultural
W
A (Agricultural)
W
Agricultural
with
residences
Access is east of the County Road 77/ Highway 14 intersection on a slight rise from the west. Vehicular
access is from Highway 14 with two existing turn slots into the property, one near the intersection and the
second near the Briggsdale gas tank farm near the east property line. Accesses are clear in both
directions and appear to have been upgraded since 1995 when the initial Change of Zone was approved.
The use the of the lands around the Briggsdale Gas & Go appears to have expanded beyond the
boundary of the parcel to include lands to the north and west that have been graveled and graded with a
set of Jersey barriers lining the northern edge of the commercially utilized property area.
Current Improvements include the Briggsdale Gas and Go Fuel islands and convenience store, a tire
repairs business and the Briggsdale Fuel tank farm and propane sales yard.
The area defined in the proposed Change of Zone expansion includes a caretakers residence, a fenced
service yard for a trucking business and the previously described convenience store and fueling station.
There is an active Zoning Violation (ZCV19-00301) on the expanded parcel associated with this Change
of Zone. This violation was initiated due to the presence of Commercial Storage of mobile homes,
derelict mobile homes and miscellaneous debris on site.
Kim Ogle, Planner
View looking northwest for Highway 14 onto property
__ -
Large Vehicle parking area and screen storage area to west
-11
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Derelict Mobile Homes and Debris
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Typical state of repair on existing units
Caretakers residence for expanded Change of Zone request. Will be permitted via an administratively
approved Site Plan Review
Site Access from highway 14, Western access in this image
age
Site Access from highway 14, Eastern access in this image
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